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Articles 1 - 8 of 8
Full-Text Articles in Law
The European Directive On Products Liability: The Promise Of Progress?, Lawrence C. Mann, Peter R. Rodrigues
The European Directive On Products Liability: The Promise Of Progress?, Lawrence C. Mann, Peter R. Rodrigues
Georgia Journal of International & Comparative Law
No abstract provided.
The Supreme Court’S Heightened Retaliation Standard In Nassar: A Prudent Limitation Or A Misguided Restriction To Title Vii Claims?, Darren Stakey
The Supreme Court’S Heightened Retaliation Standard In Nassar: A Prudent Limitation Or A Misguided Restriction To Title Vii Claims?, Darren Stakey
Touro Law Review
No abstract provided.
Texas Supreme Court Rejects “Any Exposure” Causation In Asbestos Litigation, Richard O. Faulk
Texas Supreme Court Rejects “Any Exposure” Causation In Asbestos Litigation, Richard O. Faulk
Richard Faulk
The Texas Supreme Court has firmly rejected the latest effort to reopen the floodgates for asbestos litigation in Texas. While the Court rejected a formalistic adherence to “but for” causation in mesothelioma, the essence of “but for” still survives because, “but for” legally sufficient proof of exposure to the particular defendant’s product, the defendant cannot be held liable. The requirement of legally sufficient proof applicable to exposure to each defendant’s product remains, and the challenges associated with meeting that requirement remain the same. Perhaps the cohesiveness of this holding will influence other states to define “substantial factor” similarly, or perhaps …
Recovering Post-Withdrawal Costs: Indemnity Clause, Bailment And Unjust Enrichment, Alvin W. L. See, Ken T. C. Lee
Recovering Post-Withdrawal Costs: Indemnity Clause, Bailment And Unjust Enrichment, Alvin W. L. See, Ken T. C. Lee
Alvin W-L See
The Supreme Court decision inENE 1 Kos Ltd v Petroleo Brasileiro SA Petrobras (The Kos) raised two issues of general importance: one on the construction of an indemnity clause in a time charter, and another on the nature of a gratuitous bailee's right to charge the bailor for the cost of taking care of the latter's goods.
Expanding The After-Acquired Evidence Defense To Include Post-Termination Misconduct, Holly G. Eubanks
Expanding The After-Acquired Evidence Defense To Include Post-Termination Misconduct, Holly G. Eubanks
Chicago-Kent Law Review
In 1995, the United States Supreme Court formulated the after-acquired evidence defense in employment discrimination litigation. The defense, if successfully established, allows the defendant to limit the damages available to the plaintiff. In order to assert the defense, a defendant must establish that it would have terminated the plaintiff based on after-acquired evidence of wrongdoing if the defendant had known of the wrongdoing prior to the termination. The defense, as generally accepted, applies to misconduct that occurs during employment and misconduct that occurs prior to employment in the application process. This note considers the potential expansion of the defense to …
Rebooting The Discourse On Causation In Criminal Law: A Pragmatic (And Imperfect) Approach, Michele C. Materni
Rebooting The Discourse On Causation In Criminal Law: A Pragmatic (And Imperfect) Approach, Michele C. Materni
Mike C Materni
Causation in the criminal law is an extremely complex issue for several reasons. Prime among those reasons is the fact that most scholars who have tackled the issue have done so by searching for a universal, comprehensive solution. This Article starts from the premise that such a solution is unattainable. Rather than embarking in extravagant philosophical inquiries, the Article offers a pragmatic solution to the issue of causation in the criminal law. Applying a methodology that finds validation in the philosophy of science, the Article argues that causation in the criminal law should be constructed in functional terms. Linking the …
"Why Won't My Homeowners Insurance Cover My Loss?": Reassessing Property Insurance Concurrent Causation Coverage Disputes, Peter N. Swisher
"Why Won't My Homeowners Insurance Cover My Loss?": Reassessing Property Insurance Concurrent Causation Coverage Disputes, Peter N. Swisher
Law Faculty Publications
Property insurance coverage disputes can be extremely complex cases when there are multiple concurrent causes in a causal chain of events and when some of these concurrent causes are covered under the policy language but other concurrent causes are excluded from coverage. To complicate matters enormously, there are no fewer than three different judicial approaches attempting to resolve this concurrent causation interpretive conundrum. Over the past two decades, a number of property insurance companies have attempted to address this interpretive problem contractually by inserting so-called anti-concurrent causation clauses into their property insurance policy language. But these anti-concurrent causation clauses have …
Information And Causation In Tort Law: Generalizing The Learned Hand Test For Causation Cases, Keith N. Hylton
Information And Causation In Tort Law: Generalizing The Learned Hand Test For Causation Cases, Keith N. Hylton
Faculty Scholarship
This paper discusses the economics of causation in tort law, describing precise implications for precautionary incentives when courts are and are not perfectly informed. With precautionary incentives identified, we can ask whether the causation inquiry enhances welfare, and if so under what conditions. Perhaps the most important innovation applies to the Hand Formula. When causation is an issue, the probability of causal intervention should be part of the Hand test, and the generalized Hand test offers a method of distinguishing significant classes of causation cases. I close with implications for the moral significance of causation and for economic analysis of …